The dad of murdered student Inge Lotz says a bloody towel and ornamental hammer are key to cracking baffling case.

Cape Town - Three months since the father of slain Stellenbosch University student Inge Lotz asked the police for a bloodstained towel he believes holds the key to finding her killer, neither the police nor the Hawks were certain on Friday of its whereabouts.

This emerged in response to Weekend Argus inquiries after Jan Lotz said this week, ahead of the 10th anniversary of his daughter’s murder on Monday, that the towel could help solve the crime in as little as a matter of weeks.

Asked to comment, police spokesman Lieutenant-Colonel Andrè Traut said the matter had been handed over to the Hawks. The police were no longer investigating and he could say nothing more.

Hawks spokesman Brigadier Hangwani Mulaudzi said the Hawks had been handed the docket only in the past two weeks.

In that time they had tried to see whether there was “anything we can do”, but to no avail.

On the whereabouts of the bloodied towel, Mulaudzi said the police station initially involved should know what had become of the exhibits from the trial.

Lotz is of the opinion that the towel will help prove that an ornamental hammer, an item previously identified as the murder weapon, was in her flat the day she was killed.

Monday marks 10 years since Inge, 22, was found murdered in her Stellenbosch apartment, with wounds to the top of her head and stab wounds to her chest. Her killing shocked the campus community and stunned people across the country.

Interest in the case intensified when, a few months after Inge’s murder, her boyfriend Fred van der Vyver was arrested for it.

But, after a protracted trial, he was acquitted in the Western Cape High Court.

Her father has declared that he would not rest until his daughter’s killer was brought to justice.

This week Lotz told Weekend Argus that despite a decade having lapsed, it felt as if his daughter had been murdered yesterday.

“I believe that the mystery of Inge’s tragic death can be unravelled within weeks, but it would require the will, determination and commitment of the Department of National Prosecution (the National Prosecuting Authority) to reopen the murder inquiry.

“This was an exceptionally serious crime, a brutal murder of a young girl in the sanctuary of her own home in a secure residential complex, and in broad daylight. Her killer(s) arrived and left unnoticed having sanitised the crime scene and taking the murder weapon(s) with.”

Lotz provided Weekend Argus with a photograph of a bloodstained towel which he said was from the official police dossier. The towel had been left on the bathroom floor of Inge’s flat by her murderer.

“An imprint on this substrate, in Inge’s blood, bears a remarkable resemblance to an ornamental hammer that was part of the evidence in the (police) investigation.

“From this very clear picture it is possible to deduce beyond any reasonable doubt, that the ornamental hammer, or to be completely generous, a similar one, was in Stellenbosch on the afternoon of the murder,” he said.

An ornamental hammer, which had a bottle opener instead of a claw, featured prominently in Van Der Vyver’s trial, with the State alleging that such a hammer was the murder weapon.

Lotz’s parents had given him an ornamental hammer as a Christmas gift.

Forensic pathology professor Gert Saayman testified that it was unlikely Van der Vyver’s hammer caused Inge’s wounds.

Van Der Vyver this week declined to comment on how he was doing 10 years after Inge’s murder, nor on the possibility that marks from an ornamental hammer were on the towel.

Lotz said his attorney Johan Jordaan had written to the police asking that the bloodied towel be returned to him (Lotz).

An extract from the letter said: “It has become obvious that the South African Police Service has no idea what has happened to crucial objects of evidence in an unsolved murder case.”

It also said that, if necessary, Lotz would take legal action to get the towel.

Lotz, who had hired ace detective Piet Byleveld to investigate Inge’s murder, told Weekend Argus he was not seeking revenge.

“I do, however, believe that I have the right to know the truth. Consequently, I shall never accept the status quo and I shall not rest until I know by whom, and why, on the afternoon of 16 March, 2005, in the town of Stellenbosch, this beautiful young life was snuffed out so horrifically.”

A few years ago amateur investigators Calvin and Thomas Mollett started probing Inge’s murder.

This week Thomas Mollett told Weekend Argus they had noticed various marks and imprints on the bloodied towel which were similar to the shape of a unique ornamental hammer.

“We since obtained a similar hammer, which is very scarce, and could reproduce the marks.

“And then, very importantly, we also found an impression of the bottle-opener side on the couch (on which) Inge was murdered,” he said.

They got hold of the similar hammer last week after attempts to source one in South Africa failed.

It had to be ordered from overseas.

Thomas Mollett said other matters they were probing included whether someone known to Inge had another cellphone number, which that person had intentionally concealed.

The person’s identity is known to Weekend Argus.

Meanwhile, a

source with knowledge of the case said the towel was allegedly handed to a police investigator after forensic testing on it was completed.

Asked this week whether the murder probe would ever be reopened, the National Prosecuting Authority referred to a previous statement issued on December 5, 2013.

It said after Van der Vyver’s acquittal in November 2007 that police had consulted with the director of public prosecutions’ office and followed up leads that may have led to identifying Inge’s murderer.

The statement said that, after representations from Inge’s family, including a report from retired physics professor Kobus Visser, it had decided no further investigation was required.

“It is not considered that there are any other suspects outstanding,” it said.

Despite this, friends and supporters of Inge continue pushing for further investigations.

An online petition, asking for the case to be reopened, has been signed by 1 120 people.

Weekend Argus

The women of Enkanini fear for the safety of their children and the ever-increasing number of crimes against women and children.

Cape Town - Her brother grabs her tiny hand as he sees she appears to be wandering off along one of the narrow, sandy pathways that divide the shacks of Enkanini, the place they call home. A neighbour quickly appears and reprimands them in a motherly tone, warm but firm, urging them to rush home to “mamma”.

Dressed in a summery pink and orange butterfly print dress, 2-year-old Iminathi Dlalo had awoken from her afternoon nap.

She’d made her way outdoors after her mother, Thabisa Dlalo, 28, left her in the care of a neighbour while she visited a friend nearby.

When Weekend Argus arrived in the area, there were a few minutes when the toddler appeared to be alone, unsupervised. And her mother admitted, on her return, she’d been “frightened” to find her little one wasn’t where she’d left her.

This is the informal settlement, in greater Khayelitsha, where mothers were shocked to their core when, shortly before the rubbish was collected on Thursday last week, the mutilated body of five-year-old Anovuyo Ndamase was found.

Her body was wrapped in a plastic bag, just metres from her home.

The child had been missing since the previous Sunday, and the discovery marked the end of five days of an agonising search by her family and community, many of them mothers.

“I helped look for her and some of us thought she’s dead, but others hoped she would still be alive,” said Dlalo, dressed in a black and white T-shirt bearing the words “We demand a national strategic plan to end gender-based violence”.

She said the mother of the murdered child, who has refused to speak to the media about the traumatic ordeal, was “still not fine”.

Provincial social development department spokesman Sihle Ngobese said trauma counselling had been provided to the Ndamase family.

According to the department, the Western Cape reported about 400 cases of sexual abuse of children between October to December last year, along with 378 cases of sex abuse and 498 of “deliberate neglect” of children.

Since the start of the year, in Khayelitsha alone, 60 new cases of child abuse, including sexual abuse, were reported to the department, said Ngobese.

Now the department, with the area’s local community policing forum, is working to build a network of “safety parents” to provide a temporary safe haven for children in need.

Meanwhile, the women of Enkanini vacillate between rage at the perpetrator’s appalling crime, disbelief that he is a man they knew and believed had a great love for children, and overwhelming fear.

They fear for the safety of their children, some of whom had spent carefree days playing with Anovuyo. They fear the ever-increasing number of crimes against women and children. And they fear men.

“Every man is supposed to be like a father to the kids, protecting them against harm, but now we can’t trust them. We knew the killer; he was a nice person who never hurt anyone. Women are not safe among men, especially our little girls,” said Luleka Mehlo, 40.

A single mother, she fears for the safety of her only child, her 6-year-old daughter Onako Mehlo.

“It still hurts to think what happened to Anovuyo. It’s very painful to the whole community.”

During his first court appearance on Tuesday in the Khayelitsha Magistrate’s Court, details emerged that the suspect, 32-year-old Bongani Dlamini, had confessed to his girlfriend he had “committed a crime”. He faces charges of kidnapping and murder.

Footprints traced from the crime scene led police to Dlamini’s shack. The inside walls were still stained with blood – evidence of the events that may have unfolded during the gruesome attack on the defenceless little girl.

His bail application will resume on March 23.

The news of Dlamini’s arrest enraged residents, who tore down his shack. They also threatened to kill him.

“He shouldn’t get bail, he shouldn’t come back out. He should die in jail,” Mehlo declared.

She was the one who had, earlier, instructed the young Dlalo siblings to go home, out of harm’s way.

“I can only think what happened to poor Anovuyo, so I don’t want to see another girl child walking alone.”

Mothers like her feel helpless, frustrated. Besides keeping their children “hostage” indoors, they don’t know how to keep them safe. “We want our kids to become tomorrow’s leaders, not to become victims,” Mehlo said.

* Anyone interested in applying to become a safety parent should contact the Social Development department hotline on 0800 220 250.

Weekend Argus

Thomas and Calvin Mollett launched Bloody Lies - the Inge Lotz Docket Reopened ahead of the 10th anniversary of her death.

Cape Town - Monday marks 10 years since Stellenbosch University postgraduate student Inge Lotz was killed, yet her unsolved murder still draws huge interest here and abroad.

On Saturday amateur investigators and brothers Thomas and Calvin Mollett’s launch their book Bloody Lies - the Inge Lotz Docket Reopened, at Stellenbosch University’s Woordfees. The launch was attended by over 100 people, including Lotz’s father Jan.

Supporters of the reopening of the case packed a marquee to listen to Thomas Mollett and forensic expert and pathologist Deon Knoebel evaluate the crime scene and evidence relating to the murder.

Lotz, 22, was found dead in her Stellenbosch flat with wounds to the top of her head and her chest on March 16, 2005.

Her boyfriend, Fred van der Vyver, was arrested months later, but was acquitted at the end of a protracted trial in the Western Cape High Court in November 2007.

Jan Lotz, who told Weekend Argus it felt like yesterday that his daughter had been murdered, has vowed he will not rest till her killer is brought to book.

Thomas Mollett told Woordfees attendees he started investigating the case a few years ago, and later asked his brother Calvin to help him probe the murder.

A replica of an ornamental hammer believed to be the murder weapon, but which was never found, was passed around the packed tent for examination.

A towel, identical to the one found on Lotz’s bathroom floor, and on which Mollett had recreated bloody imprints of a hammer, was also on exhibit at the book launch.

This week, the Weekend Argus established that neither police nor the Hawks were certain of the whereabouts of the towel, three months after Lotz’s attorney had asked police for it, and had still not received it.

Lotz said he believed the towel held the key to solving his daughter’s murder.

A photograph from the official police dossier showed a towel which had been left on the bathroom floor.

Mollett said a bloody imprint on the towel bore a remarkable resemblance to an ornamental hammer that was part of the evidence in the police investigation. From this it would be possible to deduce, beyond any reasonable doubt, that the ornamental hammer, or a similar one, had been in the flat on the afternoon of the murder, he said.

An ornamental hammer, which had a bottle opener instead of a claw, featured prominently at Van der Vyver’s trial, with the State alleging that a similar hammer was the murder weapon.

Van der Vyver had been given an ornamental hammer as a Christmas gift by Lotz’s parents.

Mollett said forensic expert Gert Saayman’s testimony that it was unlikely that Van der Vyver’s hammer had caused Lotz’s wounds, should be challenged.

He and Knoebel pointed out several flaws in the testimony of several witnesses at the trial, which had been expanded on in the book.

During the question session, author Alan D Elsdon said he had investigated the murder in his private capacity for two years and had established a motive which entailed a dark family secret.

Asked whether the murder probe would ever be reopened, the National Prosecuting Authority referred to a statement issued on December 5, 2013.

It said that after Van der Vyver’s acquittal in November 2007, police had consulted the Director of Public Prosecutions’ office and followed up leads that might have led to Lotz’s murderer being identified.

The statement said that, after representations from Lotz’s family, including a report from retired physics professor Kobus Visser, it had decided no further investigation was required.

It is not considered that there are suspects outstanding, it said.

Despite this, friends and supporters of Lotz continue to push for further investigations. An online petition, asking for the case to be reopened, was created and signed by 1 120 people.

Jan Lotz said: “Nothing has changed over these 10 years. I believe the mystery of Inge’s tragic death can be unravelled within weeks, but it would require the will, determination and commitment of the (National Prosecuting Authority) to reopen the murder inquiry.

“This was an exceptionally serious crime, a brutal murder of a young girl in the sanctuary of her home in a secure residential complex, and in broad daylight. Her killer(s) arrived and left unnoticed, having sanitised the crime scene and taking the murder weapon(s).”

Van der Vyver declined to comment this week on how he was doing 10 years after the murder.

He also declined to comment on the possibility that marks from an ornamental hammer were on the towel.

* An extract from the letter Jan Lotz’s attorney, Johan Jordaan, wrote to the police asking that the bloodied towel be returned to Lotz, read: “It has become obvious that the South African Police Service has no idea what has happened to crucial objects of evidence in an unsolved murder case.”

It also said that, if necessary, Lotz would take legal action to get the towel. Lotz, who hired ace detective Piet Byleveld to investigate Inge’s murder, said he was not seeking revenge.

“I do, however, believe that I have the right to know the truth. Consequently, I shall never accept the status quo and I shall not rest until I know by whom, and why, on the afternoon of March 16, 2005, in the town of Stellenbosch, this beautiful young life was snuffed out so horrifically.”

Timeline

* Stellenbosch University student Inge Lotz, 22, was found murdered in her apartment in the area on March 16, 2005.

* Her boyfriend Fred van der Vyver was arrested for the murder about three months later.

* In November 2007, following a 10-month trial, he was acquitted in the Western Cape High Court.

* Van Der Vyver instituted a R46 million damages action against the police for wrongful prosecution. In 2011 the Western Cape High Court found that the police were liable. The minister of police then successfully appealed to the Supreme Court of Appeal in 2013.

* The murder case remains unsolved.

Weekend Argus

The horror bus crash on the Franschhoek Pass has claimed another victim - Italian triathlete Linda Scattolin, aged 39.

Cape Town - The horror bus crash on the Franschhoek Pass has claimed another victim – Italian triathlete Linda Scattolin, 39, has died from severe injuries in Groote Schuur Hospital.

On Saturday Alaric Jacobs, a spokesman for the hospital, confirmed that Scattolin died on Friday.

Scattolin and her training partner, fellow Italian triathlete Edith Niederfriniger were cycling on the pass last Saturday when they were involved in a crash with a bus which was transporting the Groendal Rugby Club’s U20 team and supporters. The vehicle lost control and overturned.

The duo were training for the Ironman African Championship to be held in Port Elizabethlater this month.

Yesterday, the funeral for the two rugby players, Russel Riffel, 23, and Denzil Boonzaaier, 20, and supporter Adam Leibrandt, 62, was held in Franschhoek.

Italian sports newspaper La Gazzetta dello Sport reported that Niederfriniger, a two-time Ironman winner, was also seriously injured. Niederfriniger was taken to the Paarl Medi-Clinic in Cape Town with a fractured tibia, fibula, collarbone and rib. She remains in a serious but not life-threatening condition.

Scattolin had been paralysed on her right side due to injuries to the left side of her brain, a close friend, Alexa Cunningham, told the Italian newspaper. “She (Scattolin) broke her back.” Cunningham told the newspaper Scattolin had been unable to talk and could only open her eyes for a few seconds. Cunningham wrote on social media that she had played Scattolin voice notes from her parents and Niederfriniger: “She opened her eyes very wide, but then closed them and still hasn’t spoken.”

Later, Cunningham reported on social media that Scattolin had showed signs of improvement: “Linda is squeezing my hand tighter as time passes by and is starting to open her eyes.”

Scattolin worked as a researcher at the University of Padua, Italy in the field of forest pathology.

Police spokesman Lieutenant-Colonel André Traut said police were still investigating the bus crash.

Yesterday tributes poured in from the sporting fraternity and condolences from around the world started flooding social media.

Scattolin competed in the Padovanuoto Dynamica Triathlon and finished third in the 35-39 age group in the short-distance event at the 2013 Abu Dhabi International Triathlon. She also won in her age group at the 2013 Challenge Fuerteventura triathlon.

Cunningham told the newspaper Scattolin had been unable to talk and could only open her eyes for a few seconds. Cunningham wrote on social media that she had played Scattolin voice notes from her parents and Niederfriniger: “She opened her eyes very wide, but then closed them and still hasn’t spoken.” 

Later, Cunningham reported on social media that Scattolin had showed signs of improvement: “Linda is squeezing my hand tighter as time passes by and is starting to open her eyes.” 

Scattolin worked as a researcher at the University of Padua, Italy in the field of forest pathology. 

Police spokesman Lieutenant-Colonel André Traut said police were still investigating the bus crash. 

On Saturday tributes poured in from the sporting fraternity and condolences from around the world started flooding social media.  

Scattolin competed in the Padovanuoto Dynamica Triathlon and finished third in the 35-39 age group in the short-distance event at the 2013 Abu Dhabi International Triathlon. Known to friends by her Twitter handle Fi Xie, she also won in her age group at the 2013 Challenge Fuerteventura triathlon.

Weekend Argus

Three killed in bus tragedy laid to rest in Franschhoek ceremony

Cape Town - Family, friends and members of the Western Cape rugby fraternity on Saturday bid farewell to the three men - two players and a supporter - who died in last weekend’s bus crash on the Franschhoek pass.

They were remembered for their shared love of the sport.

More than 100 mourners gathered at Franschhoek’s United Reformed Church on Saturday for the funeral of the two Franschhoek Rugby Club players – Russel Charles “Ponkels” Riffel, 23, and Denzil Roderick “Parra” Boonzaaier, 20, and supporter, Adam “Gallas” Leibrandt, 62.

Last Saturday morning, the three died when the bus’s brakes apparently failed and it overturned on the mountain pass.

The bus was transporting the players and supporters to a friendly match in Grabouw. Thirty others were injured, including two women cyclists who were on the pass. One of the cyclists, Linda Scattolin, died on Friday.

The cause of the accident is yet to be established.

Some of those who were injured in the crash attended on Saturday’s funeral service on crutches, while others still had visible bruises

.

Family members wept as the coffins were brought into the church. Each coffin bore a framed photograph of the victim.

Members of several of the province’s rugby teams, some wearing club regalia, and officials of the Western Cape Rugby Union offered their condolences.

“I’m sure the entire Western Cape and rugby family is mourning with you today and I want you to know that we feel your pain. To the two rugby players and supporter… Thank you for what you did for rugby, playing it with everything you’ve got and loving the game. To the family of Russel, Adam and Denzil, we wish you strength and want you to know we will stand by you through this difficult time,” said Western Cape Rugby Union president Thelo Wakefield.

He said on Saturday’s rugby match at Newlands between the Stormers and the Waikato Chiefs had been dedicated to their memory.

Stellenbosch mayor Conrad Sidego also sympathised with the families. He took the opportunity to thank the province’s fire-fighters for battling massive veld fires over the past two weeks.

Sidego shared memories of how much each of the deceased loved rugby. “Denzil had just got a new rugby kit and was so excited to start playing again after a short break, Russel had been looking forward to the rugby season and Adam, an avid rugby fan, had for the first time decided to travel to an away game.”

Riffel’s uncle, Thomas Riffel, said the family would continue to help raise his month-old baby Cheswill.

In his tribute to Boonzaaier, Francis Engelbrecht said the U20 loose forward had left school in Grade 7 to find work to help support his family.

Rugby fan Leibrandt was also praised for the sacrifices he made for his family. “His parents were farmers and some of us children couldn’t go to school and had to work on the farm too. Adam knew everything about farming, he even taught me how to milk a cow,” an emotional Jacob Arendse said in this tribute of Leibrandt.

The service was led by pastor Dr Shaun Burrows, who offered the mourners words of encouragement.

As funeral proceedings came to an end, Riffel’s 92-year-old grandmother Sarah Riffel, bid a last goodbye in song to her beloved grandson and the two others who were laid to rest at the Groendal cemetery.

Weekend Argus

Now northern suburbs bear brunt of brazen Cape Town robbers who are breaking into multiple homes on almost daily basis

Cape Town’s notorious crowbar gang has shifted focus from the southern suburbs to the northern suburbs, smashing its way into multiple homes on an almost daily basis, and making off with valuables.

 Crowbar gang-style break-ins were reported in the Brackenfell area in 2013, and two men, apparently part of a gang of robbers, were arrested in 2013.

Security companies and residents in a number of areas updated Weekend Argus on Saturday about the gang’s activities. In one incident, a Welgelegen resident was beaten with a crowbar while his wife was forced out of the shower and to a safe containing a pistol.

Weekend Argus has established that the break-ins carried out by the crowbar gang are being reported almost daily, and that the police, neighbourhood watch groups and armed response companies are sharing information in a bid to snare the robbers.

Cars the gang reportedly used included a charcoal two-door Audi A3, a silver Golf GTI, and a silver Polo. It is believed the cars have been fitted with stolen number plates.

Police do not believe there is a single crowbar gang, but rather that there are groups of criminals “using the same modus operandi to gain access to property,” said police spokesman Lieutenant-Colonel André Traut.

Residents said they were forking out tens of thousands of rands to improve security at their homes.

Durbanville Hills resident Lynne, who wanted to be identified by her first name only because she feared for her safety, said was installing new security measures at a cost of about R10 000 after her home was targeted on March 5 about 1pm.

Two men with crowbars broke through a safety gate, then tried to smash through the front door, which was visible from the street.

Lynne’s domestic worker was alerted by a barking dog that something was amiss.

She heard a commotion and saw two men trying to force their way into the home, and rushed to press a panic button.

“She asked: ‘Who are you?’ They asked back: ‘Who are you?’ They laughed and walked away,” Lynne said.

Welgelegen resident Pierre Rautenbach, 59, said his home had been targeted twice since January. He had spent thousands on security upgrades. “If they get into the house now it means they want to murder somebody,” he said.

Rautenbach said that at 9pm on January 31 a group of men used crowbars to break through the front door of his home and a second door in a passage. He and his wife were inside and had not yet activated the alarm system.

“They started beating me with a crowbar. I had head injuries and they broke my left arm,” he said.While he was being beaten by two men, two others forced his wife out of the shower and made her open a safe. He said two other attackers had gone to his wife who was showering and forced her to open a safe.

“They stole my pistol out the safe… They stole a TV, jewellery, money and cameras. All the things that they can sell quickly,” Rautenbach said.

Two weeks later there was a break-in through a kitchen window and other items were stolen.

Details of more break-ins and the getaway cars are detailed on the Kendal Road Community Watch Facebook page.

On March 5, a post said the gang or gangs had been “very active”, with three homes targeted.

The next day a home was targeted in Durbanville, and a post said: “It’s not even midday and we know of three incidents today alone, excluding four on Saturday.”

Another post said that over a weekend at the start of February there were seven housebreakings “from Welgemoed to Sonstraal Heights, one in every suburb in between”.

The post on these incidents advised residents to install exterior motion sensors or upgrade their outdoor lighting.

Durbanville Community Police Forum chairwoman Lesley Ashton told Weekend Argus that crowbar-type robberies had again increased in the area.

Ashton said police, neighbourhood watch groups and armed response companies were accumulating “as much ‘intelligence’ as possible” to try to catch the groups.

Traut, confirmed on Saturday that “house break-in cases where access was gained to premises by means of a crowbar or similar tool are under investigation”.

Traut could not offer statistics on these crimes “due to a national moratorium”. He also dismissed the notion that a syndicate was on the loose.

Southern suburbs residents on Saturday said while the crowbar gang’s attacks had subsided in their areas, criminals were still robbing homes. Dane Permall, a member of the Penlyn Neighbourhood Watch, said last week a gang broke into his house but fled when a neighbour alerted a security company.

Weekend Argus

A man has appeared in court after being caught in the bed of an eight-year-old girl at a guesthouse in Table View.

Cape Town - A man has appeared in court after being caught in bed allegedly in a cheek-to-cheek position with his hand wrapped around the chest of an eight-year-old girl at a guesthouse in Table View.

Both the man, believed to be in his thirties, and the little girl’s family were staying at the Top Chele guesthouse when the child’s father walked in to find him in her bed.

The suspect appeared in court last Thursday and was released on bail.

The girl’s father, a business expert, said he and his family had been staying at the guesthouse for about two weeks when the incident occurred.

“When I went in I found this guy lying on his knees beside her bed, his face was on her pillow in a kiss-to-kiss position, his back against the wall and his hand wrapped tightly around her chest, just over her breasts,” said the father.

The girl’s father said he struggled to get the man off his sleeping daughter as the suspect continued to grip tightly until she woke up.

“She jumped and screamed ‘daddy’, but this guy was still holding on to her. He wouldn’t let go, so we struggled for some time until he lost grip of her.”

The father said prior to the incident he had noticed that the suspect had become familiar with his daughter.

The girl and her 10-year-old brother slept in a separate room while their parents and their youngest child slept in a room across the house.

The children’s bedroom was next door to the suspect’s room.

The father said after he caught the man in his daughter’s bed he rang the panic button and a security response team arrived immediately.

The suspect was taken to the Table View police station where he was charged with trespassing and common assault.

He was later released and returned to the guesthouse.

Top Chele manager Neville Peterson declined to comment, and said the matter was under police investigation.

Last Wednesday, a charge of sexual assault was added to the charge sheet.

Police spokesman Lieutenant-Colonel Andrè Traut said the incident took place last Sunday and the case was being investigated by the Family Violence Child Protection and Sexual Offences unit.

zodidi.dano@inl.co.za

Cape Argus

Nine more candidates are hoping to have their lives drastically improved following the world's first penile transplant.

Cape Town - Nine more candidates for penile transplants will also have their lives drastically improved after surgeons from Stellenbosch University and Tygerberg Hospital successfully performed the world’s first penile transplant.

The next operations, however, depend on donors and whether enough funds can be raised due to the surgery being expensive.

A 21-year-old, who did not want to be named, became the world’s first successful recipient of a penile transplant after a nine-hour operation performed at Tygerberg Hospital in December, with the transplant showing long-term success.

The transplant team was headed by Professor André van der Merwe, head of Stellenbosch University’s urology division, who has weekly follow-up consultations with the young man whose penis had to be amputated because of a botched circumcision during an initiation.

“He is recovering extremely well and is already back at work. He can also experience normal ejaculation and sexual intercourse, which was not possible before,” said Van der Merwe.

Van Der Merwe said the recipient was much more confident since his manhood has been restored. He said he found many young men with penile amputations were prone to suicide.

Because a penile transplant is not a life-saving procedure and the challenge to get funding is that much more difficult, the nine candidates next in line for the procedure will be desperately hoping for a donor and enough funding for the procedure.

Van der Merwe was assisted by Stellenbosch University and Tygerberg Hospital’s head of plastic reconstructive surgery division, Professor Frank Graewe.

Graewe said his 15 years of experience and fascination with human anatomy helped him perform the groundbreaking surgery.

Graewe said he was surprised when asked to join the team.

“It is always difficult to do something with such media coverage. We try and continue to improve procedures so that they are less invasive.”

Graewe was born in Germany but moved to South Africa to study medicine and specialised in plastic surgery.

“Fine work, delicate type of work and small structures fascinated me. At some point I thought of doing brain surgery but decided against it because it was bound to hospitals and big machinery. I wanted to do something that can be done anywhere, even in rural areas.”

After graduating as a plastic surgeon in 2001, Graewe returned to Germany before heading to Zurich. He was lucky to land himself internships in Paris and then Dallas.

In 2005, he returned to South Africa and was appointed chairman of Stellenbosch University’s plastic surgery division.

“I love Cape Town; it’s the most beautiful city. So my wife and I decided to move back.”

Graewe got involved in a breast clinic, diagnosing and treating breast cancer.

But in 2010, van der Merwe, a friend and colleague, extended an invitation to Graewe to help conduct a groundbreaking operation.

Van der Merwe had been working on the penile transplant case for years.

“He had less than a centimetre stump left of his penis,” said Graewe.

The first practical part of the surgery started on December 10 last year.

“At 4pm till 6pm we were busy harvesting the penis (removing the penis from its original owner – a brain dead patient). We stored it in a cool place. The same night at around 3am in the morning we started the transplant and finished off at around 12 noon,” said Graewe.

“There were a lot of young doctors hanging around; one was from Canada and he had postponed his flight back home especially for this.

“There were a lot of risks and there could have been complications such as the penis not working, and infections. And in any type of surgery, death is also a risk.”

The delicate procedure required the blood vessels from the man’s stomach, Graewe said

But Graewe said the young man showed tenacity even during last week’s follow-up surgery that restored his ability to urinate normally.

nicolette.dirk@inl.co.za

zodidi.dano@inl.co.za

Cape Argus and Cape Times

Police are on high alert after four criminals dressed in police uniforms robbed a retailer in Robertson.

Cape Town - Police have warned the public to be on the lookout for criminals posing as cops after two similar robberies in the Western Cape in the past two weeks.

Video footage has emerged of four robbers, pretending to be policemen, robbing a retailer in Robertson.

The store’s surveillance footage shows the men, dressed in what looked like police uniforms, entering the store.

One is seen carrying an R5 rifle while others are seen to be carrying handguns.

Two suspects wore bulletproof vests, one of them was wearing a police baseball cap and another had a case docket cover in his hand.

One man was wearing a reflector vest with “SAP” printed on it instead of “SAPS”.

“They were armed with an R5 rifle and handguns,” police spokesman FC van Wyk said.

Staff and customers were tied up and robbed of cellular phones, jewellery, a pistol, an undisclosed amount of cash and groceries.

Van Wyk would neither confirm nor deny whether the men were indeed police officers, or men dressed in bogus SAPS gear.

“The case is still under investigation. No arrests have yet been made.”

Meanwhile, in Hout Bay last Thursday, a group of men in “full police uniform” stormed a house and robbed a family of their belongings.

Police spokesman Andre Traut says residents should always check the credentials of people claiming to be cops.

“We would like people to be on the lookout for suspicious looking persons in police uniform and deny them access to their residence if they are not sure about their credentials.”

Daily Voice

A businessman was allegedly defrauded of R3m by a Pakistani couple, living in Cape Town, meant to start his son's venture.

Cape Town - A UK businessman who wanted to help his son set up a business has found himself at the centre of a fraud investigation after a Pakistani couple, living in Cape Town, allegedly defrauded him of nearly R3 million meant to start his son’s venture.

The businessman, Alan Edward Joseph Jones, was at his wits’ end as he tried to make sense of what had happened after he paid the funds to a company called Mystic Blue Trading 635, run by Mohammed Shahid Mughal and his wife, Tanzeem.

However, according to papers before the Western Cape High Court, Jones discovered that Mughal was an insolvent who was not allowed to transact without the knowledge and assistance of the trustees of his insolvent estate.

The couple now face charges of fraud and an alternative charge of theft.

In addition, Mughal has been charged with the Contravention of the Insolvency Act. Their criminal case is pending in the Bellville Commercial Crimes Court.

In an affidavit before the High Court in support of an application for a restraint order, Asset Forfeiture Unit regional head Gcobani Bam said Mughal and his wife were co-directors of Mystic Blue, but he resigned in November 2011, leaving his wife as the sole director.

Bam said the fraud charges relate to an incident which took place in October 2013, when Jones paid Mystic Blue $300 000 to enable it and an entity, known as Realta Minerals (Pty) Ltd, to secure a $50m bank guarantee.

The purpose of the guarantee was to fund a venture between Mystic Blue and Realta, which involved setting up an international trading company which was to have looked for lucrative investment opportunities.

The venture was then to fund the overheads and expenses of the business opportunity for Jones’s son in the UK.

It was to have a 25 percent membership interest in the business.

The bank guarantee was to be secured from Momentum Gold and Diamond Trading in Dubai, in favour of Mystic Blue, the papers revealed.

When the details were finalised, Jones paid the bank guarantee initiation fee to Mystic Blue’s FNB account, where it was to be held until the bank guarantee “monetised”.

When nothing further transpired, he contacted Mughal, who told him there was a technical delay and the guarantee would be sorted out, the papers revealed.

Mughal even provided Jones with a letter from Momentum Gold to explain that money-laundering clearance issues were responsible for the delay, Bam said.

However, Jones discovered that the couple allegedly misled FNB to release the funds to them, using documents they had prepared themselves.

It emerged that the couple never paid the money so the guarantee could be issued, Bam said.

Mystic Blue’s bank statements show that, months later, two transfers totalling R1.3m were made to FCI Group South Africa, which is run by Mughal.

Jones said the couple agreed to repay him, but he never received the funds.

The restraint order was granted.

fatima.schroeder@inl.co.za

Cape Argus

A rapist's life sentence has been set aside after two judges found there was insufficient proof to justify the sentence.

Cape Town - The life sentence of a sex offender, convicted of a rape committed two days before Christmas 2010, has been set aside after two Western Cape High Court judges found there was insufficient evidence before the magistrate involved to justify such a severe sentence.

The case has been referred back to the Oudtshoorn Regional Court for sentence to be considered afresh, but only after the court has had sight of a pre-sentencing report, setting out the rapist’s personal circumstances.

This means that Donovan Olivier could get off with a lighter sentence, while his co-accused, Clive Coerecius, has to remain behind bars for life.

It emerged from the evidence presented in the trial that Olivier played a leading role when he and Coerecius raped a 19-year-old woman at a scrapyard in Oudtshoorn. Her boyfriend was assaulted and forced to watch the rape at knifepoint. The court heard that Olivier punched the woman in the face when she cried and put up a struggle, before raping her twice.

Coerecius restrained her boyfriend during the rape, and hit him on the head with the sharp part of the knife when he pleaded for the men to let her go. The men also threatened to kill the couple.

Coerecius then had an opportunity to rape the woman, while Olivier restrained the boyfriend.

They eventually let the pair go, but later caught up with them along a tar road.

They grabbed the woman and dragged her, face down, along the road before again letting them go.

The men claimed during the trial that the sex was consensual. Their version was, however, rejected, and in June 2011 both were sentenced to life imprisonment. Both men appealed against their sentences to the High Court, but the matters were heard separately.

In Coerecius’s appeal, the court found that the magistrate should not have taken the charges together for sentencing purposes, and confirmed the life sentence for the rape. However, additional sentences were imposed for the assault of the woman and her boyfriend.

But in Olivier’s appeal, Judge Owen Rogers recently gave judgment in which he said that it was regrettable that the two appeals were not heard together. He said the evidence clearly established that the rape was accompanied by considerable sexual and physical force, adding that it was hugely traumatic for the couple.

The accused, however, was 18 years old at the time, and a pre-sentence report was not obtained.

Judge Rogers pointed out that while the magistrate was aware of the relative youthfulness of both the accused, he did not consider that to be substantial and compelling circumstance which would justify a deviation from the prescribed sentence of life in prison.

Judge Rogers added that the magistrate knew virtually nothing about Olivier’s upbringing.

“(Olivier) was facing the most severe sanction recognised in our law, life imprisonment. It is particularly important in such cases that trial courts take care to elicit the necessary information to put themselves in a position to exercise their sentencing discretion properly.

“(Olivier) had only just reached his 18th birthday. He was of an age where a measure of immaturity and poor judgment on account of youthfulness could still be expected. He had no prior convictions involving violence or for sexual offences. He had two convictions for drug possession. There was evidence that (he and Coerecius) smoked tik on the day of the rape. A deprived upbringing may have set him on a path of drug abuse.”

The aggravating circumstances needed to be balanced against Olivier’s youthfulness, the fact that he was a first offender, and his personal circumstances, the judge said.

Judge Nape Dolamo agreed.

fatima.schroeder@inl.co.za

Cape Argus

A stroll in Cape Town's CBD almost turned into tragedy when a man was struck by a window that fell about four storeys.

Cape Town - A stroll in town while shopping for a gift for his son’s birthday almost turned into tragedy when a Woodstock man was struck by a window that fell about four storeys from a Long Street building in central Cape Town.

Moegamad Gierdien said he ended up in hospital after Friday’s incident at Twinell Building.

“My sunglasses flew in the air and I fell to the ground. At first I taught someone had hit me, but later on I realised it was a window from the upper floor. When I looked up I saw people were doing some construction work, but when my colleagues went to find out what was going on, there was no one, they had run,” said Gierdien.

“It was a shock that something of this kind could happen. It could have been worse. I could have died,” he said, adding that he had to shift his son Ridar’s birthday celebration from Saturday to Sunday so he could be present.

Gierdien’s right arm and fingers were cut and his forehead bruised. As a result, he had to ask for sick leave from his call centre job, where he works as an operational manager.

Gierdien is not happy that no one has come forward or is taking responsibility for his injuries. A shopkeeper on the ground floor of the building said some of its floors have been unoccupied for months.

Gierdien said his fingers were not functioning, making it difficult for him to work. Doctors told him his middle finger might be permanently damaged.

He said he was “upset when finding out that the people that were on the floor at the time had disappeared and no one came to say sorry”.

Gierdien said during the course of the week he would lay a charge with the police.

“I am grateful I am still alive,” he said. “Someone needs to take responsibility as I have to pay for medical bills and stay out of work for a full week.”

Business owners using the same building, who declined to give their names, confirmed Friday’s incident.

One business owner, who sells clothing on the ground floor, said he was one of the first people on the scene.

“It was a tragic thing to happen and the glass window could have killed Gierdien.

“No one is using the fourth-floor space, but there are people coming and going out all the time,” said the owner.

sandiso.phaliso@inl.co.za

Cape Times

UCT students targeted the prologue of the Absa Cape Epic to continue their Cecil John Rhodes statue protest.

Cape Town - UCT students targeted the prologue of the Absa Cape Epic mountain bike stage race at the campus on Sunday to continue their protest calling for the removal of the statue of Cecil John Rhodes, covering it with black bags.

The statue was covered for most of the day with the words, “Rhodes must fall”, written in chalk on the steps in front of the statue.

The mountain bike race continued despite the protest.

Last week, student Chumani Maxwele threw faeces over the base of the statue and the 30-year-old student was involved in the protest on Sunday.

“We covered the statue because we do not want it to be the symbol of the university. Since the last protests people have come up and supported our cause which has been very encouraging for me. It shows that we have people of different races that can come together and help make a better South Africa. But how can we be unified with such a divisive figure like the Rhodes statue standing in the way?” said Maxwele.

On Thursday, students, led by UCT’s SRC, packed the plaza above Jammie Steps, calling for the statue to be taken down.

The management of the institution has suggested the possibility of taking the statue down. The SRC and Maxwele are hoping for a decision by the end of this week.

“The SRC has organised a march on Friday from the statue to the Bremner Building, which is where the vice-chancellor’s office is. We will march to the office on that day to get a date from the university of when the statue will be taken down.

“If we do not get a date then the SRC has promised to cut all communications with the university board, which just shows how much they believe that the statue must be taken down.”

Maxwele has vowed to keep the statue covered.

“Until Friday I will make sure that the statue stays covered even if it means that I must cover it all the time.”

The university condemned Maxwele’s poo protest last week and opened an investigation into the incident.

Maxwele, however, says he has been encouraged by how much support he has garnered since his initial protest.

“The language of the university certainly changed since last week.

“I went from the barbaric black man to being part of a group of young South Africans that want to enforce change. We are also meeting with the university tomorrow to get any charges dropped and for them to stop any sort of investigation.”

UCT said it would comment on the latest protest action on Monday.

junior.bester@inl.co.za

Cape Argus

The DA-led City of Cape Town could soon lose control of its metro police service.

Cape Town - The DA-led City of Cape Town could soon lose control of its metro police service as the Civilian Secretariat for Police moves ahead with plans to merge the municipal policing service with the SAPS.

New laws aimed at absorbing the municipal police into SAPS structures are currently up for public scrutiny and comment.

The recently published 2015 draft White Paper on Safety and Security, advocates a single police service to enhance the functioning of the metro police, streamline command and control, and ensure uniform standards.

But the road map towards establishing a single police service has left policing experts uneasy and has the city and DA-led provincial government seeing red.

While most critics agreed that the White Paper’s support of the National Development Plan’s vision of a modernised, transformed and efficient criminal justice system is welcomed, the assertion that it is constitutionally undesirable that some municipalities have their own police services that engage in crime prevention, has raised many eyebrows.

The White Paper, among others, advocates that “maximising effective policing in South Africa over the medium term will be best supported through the establishment of a national single police service”.

The paper suggests that a regulatory framework must be established for conferring of limited investigative competencies for municipal police to conduct investigations for preparation to submit to court.

“This is to include particular categories such as traffic-related matters, municipal by-laws, as well as crimes committed on and related to municipal assets or the environment, such as theft and tender irregularities.”

The mayoral committee member for safety and security, JP Smith, said a single police service would not serve to improve policing, but would simply centralise control and disempower the metro police.

Smith said essentially, the White Paper admitted numerous problems and proposed a variety of changes that they welcomed.

Listing their key problems, Smith said, the document talkedabout limiting the powers of metro police to traffic and by-law enforcement, which effectively precluded them from dealing with serious crime and would stop metro police from arresting drug dealers and gangsters. “This can only serve the drug dealers and gangsters and one must question why national government would suggest such a self-defeating change in MPD (Metropolitan Police Department) powers.”

Smith pointed out that the provision of the White Paper conflicted with the powers of local government as outlined in the constitution and is also in conflict with the labour legislation and the collective agreements with the unions. “We are getting legal opinion on this and will need to challenge these matters in court if our inputs are not taken into consideration.”

Smith wanted clarity on the role and powers of the proposed “Divisional Commissioner for Municipal and Traffic Police”, adding that the national government may be exceeding the limits of its powers.

“While a division within SAPS that works with metro police and Traffic may lead to better communication and co-ordination, any attempt to subjugate MPD under the control by SAPS or to incorporate MPD into SAPS would be unconstitutional and would be met with legal action by the city and province,” he said. “Centralising the police will not lead to better training and co-ordination - in fact it would reduce the quality of training being enjoyed by MPD.”

Community Safety MEC, Dan Plato also raised the alarm, saying the seeming disempowerment of the metro police needed unpacking, as diminishing the metro police to a traffic and by-law enforcement agency could have devastating effects on the metro police’s successful track record in assisting the combat of serious violent crimes, the drug trade and gangsterism in Cape Town.

“The problem of gangs and drugs in Cape Town and the Western Cape still exceeds the functional capability of the SAPS to stem the tide. It is a problem which needs the assistance of all agencies and the co-operation and support of communities as well,” Plato added.

Senior researcher in the governance, crime and justice division at the Institute for Security Studies, Dr Johan Burger, said he was concerned that the obvious reason for the move was to give expression to an ANC policy decision taken during the ANC’s 52nd National Conference held in Polokwane.

“The interpretation of the constitutional provisions is clearly flawed and the only question is if it is flawed because of some strange misinterpretation of the constitution or is it deliberate in order to give effect to the ANC policy decision?” he questioned. “It also raises some suspicion, as is often suggested, that the motivation for taking this policy position is because the ANC government wishes to have all police agencies under its control and, for example, finds it completely unacceptable that any of the police agencies can be controlled by a non-ANC government at any level.”

Burger said the biggest shortcoming in the argument was that it failed to explain how integration into a single agency would reduce problems of corruption, poor service delivery to communities, or assist in reducing crime.

warda.meyer@inl.co.za

Cape Argus

A convicted child pornographer from Kuils River, who could be extradited to the US, may undergo psychiatric testing.

Cape Town - A convicted child pornographer from Kuils River - wanted by US authorities on charges for the alleged mass distribution of videos and images involving his alleged rape of street children - is expected to be assessed by a district surgeon this week and could be admitted to Valkenberg Psychiatric Hospital.

The 40-year-old man, who is also believed to be a maths tutor, appeared in the Kuils River Magistrate’s Court on Friday and could face extradition to the US. In 2002 he was convicted and sentenced to four years imprisonment, which was suspended for five years after he was found in possession of child pornography.

He was arrested on November 25 last year by the specialised Family Violence, Child Protection and Sexual Offences Unit from Gauteng who arrived at his office in Cape Town after he was sought by members of Interpol in the US. It is believed Interpol made an alleged link to the man and child abuse websites.

He is wanted in the US where he is expected to answer to a charge relating to the sexual exploitation of a minor and transportation of child pornography. He also faces a charge of sexual abuse of a minor child and child pornography.

The man faces at least three counts of exploitation of a minor, where it is alleged he engaged in sexually explicit conduct with minors and then later transported the images to the US via the internet. He faces five further counts of the transportation of child pornography. It is alleged that he had been preying on children for about five years, between 2010 and last year.

At the time of his arrest, police reportedly confiscated computer hard drives, flash drives, cellphones, and video cameras.

On Friday he sat in the dock staring straight ahead. The court heard he had received treatment at a facility in Stikland, but state prosecutor Lenro Badenhorst told the court this information needed to be verified.

His lawyer Glenda Atkins, from Legal Aid, argued that her client needed a psychological assessment. “My instructions are that he has a psychological problem,” she said.

The matter was postponed until Tuesday. By then, the court expects a report from the district surgeon on whether or not the man should be sent to Valkenberg for an evaluation.

He is being held at the local police station.

natasha.prince@inl.co.za

Cape Argus

A Cape Town principal, who pleaded guilty to sexual misconduct, has been fined and was given a final warning.

Cape Town - An independent presiding officer at the disciplinary hearing of a Cape Town principal accused of sexual misconduct imposed what he believed was an appropriate sanction - a fine and final warning, says Western Cape Education Department spokesman Paddy Attwell.

This has raised the ire of Windsor High School pupils and parents, who called for the immediate suspension of the principal, Mark Wilschut.

Wilschut could not be reached by the time of publishing, while his deputy, Chris Bastiaanse, would not comment.

At the disciplinary hearing, Wilschut had pleaded guilty to misconduct after he made inappropriate remarks to a Grade 12 pupil and placed his hands on the shoulders of another.

“The department follows due process when investigating any misconduct allegations, in line with labour relations practice.

“Reasons for suspension as a precautionary measure include possible interference with the investigation. This may not be necessary if the accused pleads guilty,” said Atwell.

A pupil, who spoke on condition that her name not be published, said a small group of pupils had protested on the school grounds during an interval last week, demanding that Wilschutbe suspended.

In a similar incident last month, the principal at Kraaifontein’s Imvumelwano Primary School was axed after he was found guilty of sexual offences.

Classes were not held for a week after tyres were set alight in front of the school, as parents demanded his immediate return.

Cape Times

The Cape High Court has ruled that convicted killer Thandi Maqubela is competent to understand sentencing proceedings.

Cape Town - Thandi Maqubela, convicted for the death of her acting high court judge husband, is competent to understand sentencing proceedings, a Western Cape High Court ruled on Monday.

“It is declared then that the accused is competent to understand proceedings and to conduct her defence further,” Judge John Murphy said.

Prosecutor Bonnie Currie-Gamwo said that a panel of four mental health experts concluded unanimously that she was fit to “stand trial” following a 60-day observation.

She handed up two copies of their report.

Maqubela entered the dock in a black suit, black and white headwrap, and sunglasses. She shied away from the flashing cameras of the media.

Advocate Thomas Tyler appeared on Maqubela's behalf for the first time.

“I must make it very clear at the outset that I hold no instructions that the accused did indeed commit the offences of which she has been convicted,” Tyler said.

“She persists in her denial.”

Maqubela was admitted for observation at Valkenberg Psychiatric Hospital after acting out of character at an appearance in September. At the time, she was dishevelled, confused, and asked to be taken to her husband.

In November 2013, the same court found Maqubela guilty of killing her acting judge husband Patrick Maqubela in June 2009, despite not having conclusive medical evidence pinpointing a cause of death.

She was found guilty of forging her husband's will and committing fraud by causing potential prejudice to his estate.

The judge was based at the Western Cape High Court at the time of his death.

Sapa

The heritage-rich community of Ebenhaezer on the West Coast is poised to break the land claims logjam in the Western Cape.

Cape Town - The heritage-rich community of Ebenhaezer on the West Coast is poised to break the land claims logjam in the Western Cape with the first phase of the biggest claim in the province, valued at R350 million, set to be celebrated by approximately 1 700 beneficiaries in June.

The hand-over of the title deeds for land comprising more than 4 000ha to the Ebenhaezer Communal Property Association has been welcomed as a “a victory of faith and steadfastness” by the community.

Land claims expert Ron Martin said the community was originally dispossessed of the land in 1925, through the promulgation of the Ebenezer Exchange of Land Act, (Act 14 of 1925). “They were then forcefully relocated to a much smaller portion of alternate land north of Olifantsdrift and between Olifantsdrift and Doornkraal. Later expropriations through water taxes (imposed in terms of the Olifants River Irrigation Works Act, 1917) gradually eroded their access to these portions as well.”

The area of the claim comprises prime agricultural land, including numerous lush, highly profitable vineyards and some state-owned land.

“After many years of frustration with the... claim which we registered in 1996, there is finally a turnaround and there is now renewed optimism and hope among our people that the fight of the last 19 years has not been in vain,” said William Fortuin, chairman of the Ebenhaezer Communal Property Association. He told Weekend Argus his community was ”working furiously to ensure that the fruits of a long and intense struggle for justice and restitution begin a new chapter of self-reliance, dignity that will ensure a future for generations to come”.

He said the turning point had come with the signing of an agreement with the Department of Rural Development and Land Reform on December 12 last year. In terms of that agreement, the state is committed to put up R200m to buy the farms located of the land from which the community was dispossessed and a further R200m land for development.

Fortuin said since the signing of the agreement, the Communal Property Association had put together a long-term sustainable development plan, to ensure that the community was able to realise the full benefit of their claim.

“The development plan we have drawn up covers numerous aspects, which is aimed at ensuring that this community will be fully self-sufficient from 2019 onwards.

“This plan... premised on transparency, comprises all the critical aspects including administrative support and development, skills transfer and development, administrative support and development, proper training for students and accountability to the community,” he said.

He said that the community’s assets would be administered by the Ebenhaezer Development Trust, to which trustees would be appointed on Monday.

One important feature of the Ebenhaezer land claim is that the claimants refused to settle for the R20m they were originally offered.

Fortuin believes it is this type of sturdiness that has helped his people prevail.

“What I can say is that we kept our focus, we refused to go for a short-term solution soldiered through in spite of all our problems to secure a future for our children.”

He noted that they had now come full circle, from when the entire area was under the custody of Khoi chief Andries Loewies, whose authority over the area was recognised as early as 1810 by colonial authorities, which later proclaimed the area a “Hottentot reservation.”

This example has inspired numerous other Khoi and San to press forward with their claims.

Martin, saluted the Ebenhaezer community, stating that “the land restoration project at the Ebenezer Mission Station is a brilliant example of the use of the analysis of the written historical record, heritage practice and oral tradition in the process of authenticating a land claim for the descendants of the Khoi and Boesman”.

“This settlement has all the qualities of becoming sustainable and self-sufficient, in that the area encompasses all the attributes of a modern-day Eden with its well-drained, fertile soil, proximity to rich marine resources and a diligent, hard-working populace.”

Weekend Argus

Convicted killer Thandi Maqubela is a caring woman who passionately advocated for the vulnerable, a former colleague testified.

Cape Town - Convicted killer Thandi Maqubela is a caring woman who passionately advocated for the vulnerable, the Western Cape High Court heard on Monday.

This was the testimony of Thuli Mzamane, who worked with Maqubela when they were both midwifery students at King Edward VIII Hospital in Durban in the 1980s.

Called as a witness during sentencing proceedings, Mzamane said the two “just clicked”.

The court heard that Maqubela started up SA Nurses in Business in order to teach nurses how to be entrepreneurs.

Mzamane said hundreds of nurses became involved across a number of provinces during their off-days.

Maqubela managed to get a government tender in which the nurses trained communities on HIV and Aids issues in early 2000.

“As a person who is an entrepreneur and a nurse, she was aware of the fact that HIV/Aids was killing a lot of people, and also aware of the fact that we needed to get the information out to as many people as possible,” she testified.

“She is passionate about the lives of ordinary people.”

Mzamane said Maqubela set up the SA Women in Health organisation for professionals who wanted to help out with early childhood development and elderly women.

She said Maqubela obtained funding for her ventures from wealthy friends and contacts.

Maqubela was deeply religious and prayed for everything that she pursued.

Mzamane said that after being arrested for her acting judge husband's death, she saw a change in her friend.

“She was a bit subdued and she had lost a lot of weight. She didn't really look happy at all.”

In November 2013, the same court found Maqubela guilty of killing her acting judge husband Patrick Maqubela in June 2009, despite not having conclusive medical evidence pinpointing a cause of death.

She was found guilty of forging her husband's will and committing fraud by causing potential prejudice to his estate.

The judge was based at the Western Cape High Court at the time of his death.

A panel of mental health experts at Valkenberg Psychiatric Hospital unanimously found that she was fit to understand sentencing proceedings after she acted out of character at an appearance in September.

The panel's report was handed up on Monday, following the 60-day observation.

Judge John Murphy declared she was fit to understand the proceedings and conduct her defence.

Her lawyer Thomas Tyler indicated he would call a number of witnesses for the purposes of sentencing.

Sapa

A retired domestic worker and nanny told the court how much her former employer, Thandi Maqubela, cared about her.

Cape Town - A retired domestic worker and nanny told the Western Cape High Court on Monday how much her former employer, Thandi Maqubela, cared about her.

Nokwanda Gonyela, 61, called as a defence witness during sentencing proceedings, said she worked for the convicted killer around 20 years ago, until her retirement in 2010.

Maqubela visited Gonyela in hospital after she had a stroke.

Gonyela moved with the family to Johannesburg because Gonyela's husband refused to pay maintenance.

She said Maqubela gave her furniture and approached her husband's employer to try get maintenance money paid directly from his salary.

“Even when my husband became ill, she assisted me in taking him to hospital and also gave me some medicine from the products she was selling,” Gonyela said through a Xhosa interpreter.

Maqubela apparently travelled to the Transkei when Gonyela's husband died and gave money for his funeral.

Gonyela felt she was a part of the family, received a bonus every year, and was promised a two-roomed house.

When acting judge Patrick Maqubela died, Thandi Maqubela said she would continue to make sure the house was built.

She described the Maqubela's relationship as loving.

“I never saw anything. I never saw them arguing, never saw them fighting. I only saw them as people loving each other.”

Earlier, Maqubela's old friend Thuli Mzamane described her as a caring woman who was passionate in advocating for the vulnerable.

In November 2013, the same court found Maqubela guilty of killing her acting judge husband Patrick Maqubela in June 2009, despite not having conclusive medical evidence pinpointing a cause of death.

She was found guilty of forging her husband's will and committing fraud by causing potential prejudice to his estate.

The judge was based at the Western Cape High Court at the time of his death.

A panel of mental health experts at Valkenberg Psychiatric Hospital unanimously found she was fit to understand sentencing proceedings after she acted out of character at an appearance in September.

The panel's report was handed up on Monday, following the 60-day observation.

Judge John Murphy declared she was fit to understand the proceedings and conduct her defence.

Her lawyer Thomas Tyler indicated he would call a number of witnesses for the purposes of sentencing.

Sapa